With a decisive Article 78 judgment, Stewart Lee Karlin Law Group, PC prevailed on behalf of a retired NYC teacher, overturning the DOE’s improper pension denial and restoring earned benefits.

In Vargas v. The Department of Education of the City of New York and The Teachers’ Retirement System of the City of New York, the Supreme Court of the State of New York, New York County, issued a decisive ruling in favor of our client, a retired DOE employee. The case centered on whether Mr. Vargas was improperly denied enrollment in the 55/25 Early Retirement Plan despite meeting his obligations under the settlement in Gulino v. Board of Education.

The DOE argued that Mr. Vargas had failed to submit his enrollment paperwork on time. However, the Court found this was not reflected in the administrative record and, importantly, that Vargas had made and submitted the required contributions, which the Teachers’ Retirement System accepted and deposited. The denial letter itself even acknowledged his enrollment in the 55/25 plan. By attempting to raise new grounds during litigation, the DOE acted without a rational basis.

The Court granted Mr. Vargas’s petition, holding that the DOE’s actions were arbitrary and capricious. The decision directed DOE and TRS to calculate the additional contribution amounts owed so that Mr. Vargas may receive the service credits necessary to qualify for the 55/25 retirement plan.

This ruling highlights the importance of fairness and accountability in pension and retirement disputes. It also underscores a central tenet of Article 78 proceedings: agencies cannot deny rights or benefits based on shifting justifications not reflected in the record. Through our firm’s advocacy and Mr. Vargas’s perseverance, the Court’s decision restores critical retirement protections and ensures that earned service time cannot be wrongfully withheld.

Filed court documentation can be viewed here:
Supreme Court of the State of New York, New York County